[HISTORY: Adopted by the Council of the Municipality of Murrysville 5-3-2001
by Ord. No. 566-01. Amendments noted where applicable.]
The purpose and intent of erosion and sedimentation control within the
Municipality of Murrysville is:
A.
To complement and enhance the processes and the reviews
of erosion and sedimentation control plans by the Westmoreland County Conservation
District.
B.
To maintain the predevelopment water balance in watersheds
and subwatersheds containing natural waterways and sensitive streams within
the Municipality and to work to restore natural hydrologic regimes wherever
possible throughout the stream system.
C.
To prevent significant increases in surface runoff volumes,
thereby worsening flooding downstream in the watershed, enlarging floodplains,
eroding stream banks and creating other flood-related, health, welfare, and
property losses.
D.
To maintain predevelopment peak rates of runoff, site
by site, so as not to worsen flooding at adjacent downstream sites and to
work to restore runoff rates to predevelopment levels.
E.
To minimize nonpoint source pollutant loadings to groundwater
and surface waters throughout the Municipality.
F.
To impose strict requirements on all land disturbing
activities that create accelerated erosion or the danger of accelerated erosion
and to require planning and implementation of effective erosion and sedimentation
control measures.
G.
It is not the intent of this chapter to absolve the applicant/developer/owner
or any others from acquiring erosion and sedimentation control plan approval
from the Westmoreland County Conservation District. Final plan approval remains
contingent upon approval by the Conservation District.
A.
B.
Stormwater management shall comply with Chapter 198, Stormwater Management, of the Murrysville Code.
D.
The Westmoreland County Conservation District, as stated
in the Code, must approve an erosion and sedimentation control plan.
A.
These regulations apply to activities governed by the
Municipality of Murrysville subdivision and land development ordinances[1] for earthmoving and land disturbance activities and for the construction
of separate or additional impervious or semipervious surfaces including roads,
driveways, parking lots, buildings or additions to buildings, etc., involving
earthmoving and land disturbance activities where the following apply:
(1)
For earth disturbing activities other than agricultural
plowing or tilling, the implementation and maintenance of erosion and sedimentation
control BMPs are required to minimize the potential for accelerated erosion
and sedimentation, including those activities which disturb less than 5,000
square feet.
(2)
For earth disturbing activities other than agricultural
plowing or tilling activities that disturb 5,000 square feet or greater a
written erosion and sedimentation control plan is required and shall be designed
to minimize the potential for accelerated erosion and sedimentation.
(3)
For any earth disturbing activity where, because of its
proximity to existing drainage features or patterns, it has the potential
to discharge to a water classified as a high quality or exceptional value
water pursuant to Title 25 (Clean Streams Law), and Chapter 93 (relating to
water quality standards) a written erosion and sedimentation control plan
is required and shall be designed to minimize the potential for accelerated
erosion and sedimentation.
B.
No land or waterway shall be used or modified, no earth
shall be disturbed, stripped or moved and no structure or other impervious
surface shall be built or extended without full compliance with the terms
of this chapter and other applicable regulations.
C.
Applicant/developer/owner must comply with all the requirements of the Commonwealth of Pennsylvania, Title 25 (Clean Streams Law) and Chapter 102 (Erosion and Sediment Control). The applicant/developer/owner must also obtain any other permits, which may be required by federal, state, county or municipal law or ordinance.
Approvals issued/actions taken pursuant to this chapter do not relieve
the applicant/developer/owner of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code, rule,
act or ordinance. To the extent that this chapter is more rigorous in terms
of the standards applied to erosion and sedimentation control, the specific
erosion and sedimentation control standards and design criteria contained
in this chapter are to be followed.
As used in this chapter, the following terms shall have the meanings
indicated:
The removal of the surface of the land through the combined action
of human activities and the natural processes, at a rate greater than would
occur because of the natural process alone.
Earth disturbance activity involving the preparation and maintenance
of soil for the production of agricultural crops.
Activities, facilities, measures or procedures used to minimize accelerated
erosion and sedimentation to protect, maintain, reclaim and restore the quality
of waters and the existing and designated uses of waters within the Municipality
and commonwealth.
The Commonwealth of Pennsylvania.
A plan that identifies conservation practices and includes site-specific
BMPs that minimize the potential for accelerated erosion and sediment from
agricultural plowing or tilling activities. The conservation plan shall include
a schedule for the implementation of the BMPs.
The Pennsylvania Department of Environmental Protection.
Unstabilized land area where an earth disturbance activity is occurring
or has occurred.
A construction or other human activity which disturbs the surface
of the land, but not limited to, clearing and grubbing, grading, excavations,
embankments, land development, agricultural plowing or tilling, timber harvesting
activities, road maintenance activities, mineral extraction and the moving,
depositing, stockpiling or storing of soil, rock or earth materials.
The natural process by which the surface of the land is worn away
by water, wind or chemical action.
A permit administered by the Department that is required for earth
disturbance activities of 25 acres or more where the earth disturbance is
associated with timber harvesting or road maintenance activities.
A site-specific plan identifying BMPs to minimize accelerated erosion
and sedimentation. For agricultural plowing or tilling activities, the erosion
and sediment control plan is that portion of a conservation plan identifying
BMPs to minimize accelerated erosion and sedimentation.
The duly appointed representative of the Municipality of Murrysville.
The Municipality of Murrysville.
A request, on a form provided by the Department or the Westmoreland
County Conservation District, for coverage under a general NPDES permit for
stormwater discharges associated with construction activities.
The national system for the issuance of permits under Section 402
of the Federal Clean Water Act, including a state or interstate program which
has been approved in whole or in part by the EPA.
A permit administered by the Department that is required for the
discharge or potential discharge of stormwater into waters of the commonwealth
from construction activities, including clearing and grubbing, grading and
excavation activities involving five acres or more of earth disturbance or
an earth disturbance on any portion, part or during any stage of a larger
common plan of development or sale that involves five acres or more of earth
disturbance over the life of the project.
A person who has one or more of the following:
Oversight responsibility of earth disturbance activity on a project
site or a portion thereof which has the ability to make modifications to the
erosion and sediment control plan or site specifications.
Day-to-day operational control over earth disturbance activity on a
project site or a portion thereof to ensure compliance with the erosion and
sediment control plan.
Earth disturbance activities within the existing road cross section,
such as grading and repairing existing unpaved road surfaces, cutting road
banks, cleaning or clearing drainage ditches and other similar activities.
Soils or other materials transported by surface water as a product
of erosion.
The action or process of forming or depositing sediment in waters
of the commonwealth.
Earth disturbance activities including the construction of skid trails,
logging roads, landing areas and other similar logging or silvicultural practices.
Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses,
storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies
or channels of conveyance of surface and underground water or parts thereof,
whether natural or artificial, within or on the boundaries of the commonwealth.
The Board members duly appointed by the Municipality of Murrysville.
The Zoning Officer or his authorized representative appointed by
the Municipality of Murrysville.
The following performance standards shall be followed for earthmoving and land disturbing activities as defined in § 197-3 of this chapter:
A.
Stormwater management. Stormwater management shall be in accordance with Chapter 198, Stormwater Management, of the Murrysville Code.
B.
Erosion and sedimentation control BMPs. For earth disturbance activities where the potential for accelerated erosion and sedimentation exists, the implementation and maintenance of erosion and sedimentation control BMPs are required and shall be in accordance with the Pennsylvania Department of Environmental Protection Chapter 102 regulations.
C.
Erosion and sedimentation control plans. All erosion and sedimentation control plans shall be in accordance with the Pennsylvania Department of Environmental Protection Chapter 102 regulations (as authorized under the Clean Streams Law) that governs general erosion and sedimentation control requirements and shall meet the requirements of Chapter 102. All erosion and sedimentation control plans must be properly designed, implemented and available on site for all earth disturbance activities and shall include the following:
(1)
The erosion and sedimentation control plan must show
how land and water resources are to be protected against accelerated erosion
through the use of BMPs.
(2)
The erosion and sedimentation control plan must show
the site, location of BMPs and the timing and sequence of their installation
for maximum effectiveness.
D.
National pollutant discharge elimination system permits.
Projects which disturb five or more acres of land (except for agricultural
plowing or tilling, timber harvesting and road maintenance activities) must
obtain a national pollutant discharge elimination system (NPDES) permit for
stormwater discharges associated with construction activities before beginning
any earth disturbance activity.
E.
Timber harvesting. Timber harvesting activities that
disturb five acres or more of land including haul roads, skid trails and landing
areas and road maintenance activities must obtain an erosion and sediment
control permit. Activities disturbing less than five acres shall still require
the development of an erosion and sedimentation control plan, which specifies
the implementation and maintenance of BMPs.
F.
Agricultural plowing or tilling. Agricultural plowing or tilling activities are exempt from the requirements of this chapter, but still require compliance with the requirements of the Commonwealth of Pennsylvania Chapter 102 (Erosion and Sediment Control), which are administered by the Westmoreland County Conservation District.
A.
General responsibilities. The erosion and sedimentation
control facilities shall be the responsibility of the applicant/developer/owner
for their proper maintenance during all phases of development. A maintenance
plan shall be prepared for review and approval by the Municipal Engineer.
B.
Erosion and sedimentation control facilities that are
located on an individual lot are the responsibility of the applicant/developer/owner
to maintain. As with nonindividual lot situations, an erosion and sedimentation
control plan must be prepared, including a maintenance plan which shall include:
(1)
Any obligations concerning perpetuation of natural drainage
or infiltration facilities and/or the maintenance of facilities constructed
by applicant/developer/owner under terms of a building permit (berms, rock
sump pits, roof collection, etc.).
(2)
Assurances that no action will be taken by the occupant
to disrupt or in any way impair the effectiveness of any erosion and sedimentation
control facility.
C.
Failure of the applicant/developer/owner or any other
person, individual lot owner or private entity to properly maintain any erosion
and sedimentation control facility shall be construed to be a violation of
this chapter and is declared to be a public nuisance.
D.
All land disturbance work shall be performed in accordance
with an inspection and construction schedule approved by the Municipal Engineer
as part of the erosion and sedimentation control plan. The Municipal Engineer
shall be consulted for guidance regarding the timing and other details of
necessary inspections. No work shall proceed to a subsequent phase, including
the issuance of a certificate of occupancy, until inspected and approved by
the Municipal Engineer, who shall then file a report thereon with the Municipality.
If the Municipality determines at any time that stipulated temporary
erosion and sedimentation control measures have been eliminated, altered or
improperly maintained, the applicant/developer/owner or any others, shall
be advised of corrective measures required within a period of time set by
the Municipal Engineer. If such measures are not taken by the applicant/developer/owner
or any others, the Municipality may cause the work to be done and lien all
costs against the property.
A.
Inspection fees for activities associated with § 197-7D of this chapter shall be paid according to the provisions of the Code.
B.
If actual time required by either the Municipal Engineer
or Solicitor will exceed the deposited amount, the Municipality shall render
to the applicant/developer/owner or any others a preliminary statement of
time expended and shall require an additional deposit to complete reviews.
Such required additional amounts must be deposited with the Municipality prior
to approval of the erosion and sedimentation control plan.
Where proposed land disturbance activities are related to a subdivision
or land development, the applicant/developer/owner or any others shall be
subject to the requirements for a performance guarantee that is specified
in the Code.
Any activity conducted pursuant to a comprehensive erosion and sedimentation
control plan approved by the Westmoreland County Conservation District and/or
the Municipality shall be performed in strict compliance with the provisions
of that plan. Violations shall be treated in the following manner:
A.
Any noncompliance with the provisions of the erosion
and sedimentation control plan that is identified by the Municipal Engineer
or Zoning Officer in the course of inspections as specified in this chapter
shall be remedied by the applicant/developer/owner or any others according
to the terms in this chapter.
B.
If at any time the work does not conform to the erosion and sedimentation control plan, including all conditions and specifications and modifications thereof, a written notice to comply shall be given to the applicant/developer/owner or any others. Such notice shall set forth the nature of corrections required and the time within which corrections shall be made. Upon failure to comply within the time specified, the applicant/developer/owner or any others shall be considered in violation of this chapter and the Municipality shall issue a stop-work order on all work on the site, including any building or other construction, until corrections are made. If corrections are not undertaken within a specified time or the applicant/developer/owner or any others violate the stop-work order, penalties shall be imposed in accordance with § 197-12 of this chapter.
Anyone violating the terms of this chapter shall be guilty of a summary
offense and, upon conviction, shall be subject to a fine or penalty of not
more than $500 for each and every violation. Each day that the violation continues
after proper notification shall be a separate offense. In addition thereto,
the Municipality may institute injunctive, mandamus or any other appropriate
action or proceeding at law or equity for the enforcement of this chapter
or to correct violations of this chapter and any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent injunctions
or mandamus or other appropriate forms of remedy or relief.
